TNAG-0603-FCO40-751-Capital-punishment-in-Dependent-Territories-1977 — Page 45

HKC 38671

RECEIVED

4JACONFIDENTIAL

Mr Stratton Mr Cortazzi

DECK OF

INDEX

c.c.

Action Te

No

Ihr Jumper

374

Hali

8237,2411

Mr Duff, WIAD Mr Stewart, HKGD Mr Posnett

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

1.

328

In Mr Cortazzi's minute of 6 December to Mr Stewart he suggested that we should analyse the position in our remaining territories to see how far we may have already gone in granting internal self-government without retaining the power to veto action which could affect internal security, for which we retain responsibility. The problems for the territories for which PDTD is responsible seem minimal: the following is a brief analysis:

(a) New Hebrides (due for independence in 1980)

We and the French possess sufficient power to veto any foreseeable legislative or administrative action of the New Hebrides Council of Ministers which could seriously threaten internal security. It is intended that we shall both retain adequate power until the reserve powers of the two Resident Commissioners are significantly diminished in the very last stage before independence. As regards death sentences, there have been no executions for a long time. The British courts have abolished the death penalty. While it still exists in the French and the common courts, in the latter the British Resident Commissioner has the power of veto. The Resident Commissioner states that the possibility of a death sentence being passed on a French subject, or on someone who chooses to be tried by a French court, and of the subsequent execution of such a person, is very remote. (Although the British Resident Commissioner would have no veto in such a case, if an execution were likely to provoke a situation threaten- ing internal security, he would expect to be consulted by the French as a matter of course.)

(6) Gilbert Islands (due for independence in 1979)

There is no death penalty in the Gilbert Islands. The issues most likely to give rise to civil disturbance are land and labour. The Governor has no direct powers but the Constitution allows him to act against the advice of the Council of Ministers, or to dis- regard any legislation enacted by the local government, if he judges it necessary to do so in the interested of internal security.

(c)

Solomon Islands (Independence Day 7 July 1978)

There is no death penalty, and no cause for concern.

(a) Tuvalu (Independence Day 1 October 1978)

2.

The same applies as for the Solomon Islands.

The Governor, Gilbert Islands made the general point that explicit overall powers of veto in the constitution of a dependency in the

/pre-independence

CONFIDENTIAL

Page 45Page 46